§ 5381. Definitions

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(a)In general In this subchapter:

(1)Construction project The term “construction project”—

(A)means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and

(B)does not include construction program administration and activities described in paragraphs

(1)through

(3)of section 5304(m) of this title, that may otherwise be included in a funding agreement under this subchapter.

(2)Construction project agreement The term “construction project agreement” means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum—

(A)establishes project phase start and completion dates;

(B)defines a specific scope of work and standards by which it will be accomplished;

(C)identifies the responsibilities of the Indian tribe and the Secretary;

(D)addresses environmental considerations;

(E)identifies the owner and operations and maintenance entity of the proposed work;

(F)provides a budget;

(G)provides a payment process; and

(H)establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years.

(3)Gross mismanagement The term “gross mismanagement” means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction of funds available for the programs, services, functions, or activities (or portions thereof) assumed by an Indian tribe.

(4)Inherent Federal functions The term “inherent Federal functions” means those Federal functions which cannot legally be delegated to Indian tribes.

(5)Inter-tribal consortium The term “inter-tribal consortium” means a coalition of two 1 more separate Indian tribes that join together for the purpose of participating in self-governance, including tribal organizations.

(6)Secretary The term “Secretary” means the Secretary of Health and Human Services.

(7)Self-governance The term “self-governance” means the program of self-governance established under section 5382 of this title.

(8)Tribal share The term “tribal share” means an Indian tribe’s portion of all funds and resources that support secretarial programs, services, functions, and activities (or portions thereof) that are not required by the Secretary for performance of inherent Federal functions.

(b)Indian tribe In any case in which an Indian tribe has authorized another Indian tribe, an inter-tribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this subchapter, the authorized Indian tribe, inter-tribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this subchapter). In such event, the term “Indian tribe” as used in this subchapter shall include such other authorized Indian tribe, inter-tribal consortium, or tribal organization.

(Pub. L. 93–638, title V, § 501, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 712.)

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